TO THE EUROPEAN UNION
– BULGARIA – / Brussels, 23 July 2003
CONF-BG 17/03
Document provided by Bulgaria
Subject: / Additional informationChapter 24 – Cooperation in the Fields of Justice and Home Affairs
20040/03CONF-BG 17/031
EN
Mission of the Republic of Bulgaria
to the European Communities
Head of Mission
Brussels, 22 July 2003
Our. Ref. /22.07.2003
Subject: Bulgaria / Accession negotiations
Chapter 24 “Co-operation in the Fields of Justice and Home Affairs”
Dear Mr. Katharios,
With reference to the Accession Conference with Bulgaria and the negotiations on Chapter 24 “Co-operation in the Fields of Justice and Home Affairs”, please find attached as a Supplement to the Additional Informations provided so far by Bulgaria on Chapter 24, the translation in English of the Law on Judicial Sysstem, including the amendments to the Law, adopted by the National Assembly of Bulgaria on the 3rd of July 2003.
An electronic version of the Supplement is being forwarded to your Services.
We notified the European Commission accordingly.
Please accept, Mr. Katharios, the assurances of my highest consideration.
Stanislav Daskalov
Ambassador
Encl. As per text.
Mr. Christos KATHARIOS
Acting Director Directorate I – Enlargement
Head of the Service
General Secretariat of the Council
Cc: Mr. Cosimo RISI - Permanent Representation of Italy to the EU
LAW ON THE JUDICIAL SYSTEM
(Promulgated, SG No. 59/1994; SG No.78/1994 - Decision of the Constitutional Court No. 8/19944; SG No. 87/1994 - Decision of the Constitutional Court No. 9/1994, SG No. 93/1995 - Decision of the Constitutional Court No. 17/1995; as amended
SG No. 64/1996; 96/1996 - Decision of the Constitutional Court No. 19/1996; as amended SG No. 104 and 110/1996; 58, 122 and 124/1997; 11 and 133/1998; No. 6/1999 - Decision of the Constitutional Court No. 1/1999; as amended SG No.20, 34, 38 and 84/2000; No. 25/2001; No.74/2002 and 110/2002 - Decision of the Constitutional Court No. 11/2002 and SG No.118/2002 - Decision of the Constitutional Court No. 13/2002; SG No.61/2003)
CHAPTER ONE
GENERAL PROVISIONS
Article 1.
(1) The judicial system is a state power, which shall administer the justice in the Republic of Bulgaria.
(2) The judicial system shall be independent.
Article 2.
(1) The Law shall protect the rights and the legal interests of the citizens, the legal persons and the state.
(2) The justice shall be applied in the name of the people.
Article 3.
(1) The courts of law in the Republic of Bulgaria shall be District, Regional, Military, Court of Appeal, the Supreme Administrative Court and the Supreme Cassation Court.
(2) The structure of the Prosecution shall be relevant to that of the courts.
(3) In the Regional courts there are operating Regional investigating services.
(4) Establishment of extraordinary courts shall not be allowed.
(5) Specialised courts may be established by law.
Article 4.
(1) The civil, criminal and administrative cases shall be under the jurisdiction of the courts.
(2) A case which is being tried by a court may not be tried by another body.
Article 5.
The courts shall apply the laws precisely and equally to everyone.
Article 6.
The court shall ensure equality and equal conditions for competition of the parties in the litigation.
Article 7.
The citizens and the legal persons shall have the right to legal defence, which may not be refused to them when their rights and freedom are infringed.
Article 8.
The citizens and the legal persons shall have the right to defence at all stages of the proceedings.
Article 9.
(1) The courts shall control the legality of the acts and actions of the administrative bodies.
(2) The citizens and the legal persons may appeal before the court any administrative act with which their rights, or lawful interests are infringed with the exception of those explicitly specified by the law.
Article 10.
The judges, prosecutors and investigators shall be irremovable under the conditions provided by the law.
Article 11
(1) The judges, prosecutors and investigators may not be arrested and no criminal charge may be brought against them except in the cases provided by the law.
(2) The judges, prosecutors and investigators may not be summoned to military assemblies or exercises.
Article 12.
(1) The judges, prosecutors and investigators as long as they practice their profession may not be members of political parties, movements or coalitions with political aims and may not perform political activity.
(2) The judges, prosecutors and investigators shall be free to found, or be members of organisations, which defend their independence and professional interests and assist their professional qualification.
(3) The professional organisations of the judges, prosecutors and investigators may not make alliances with trade unions of another branch or field on national or Regional level.
Article 13.
While carrying out their functions the judges, prosecutors and investigators shall be independent and submitted to the law only. In cases where the court considers that the law contradicts the Constitution, it shall notify the Supreme Cassation Court, or the Supreme Administrative Court and the prosecutors and investigators shall notify the Chief Prosecutor so that the Constitutional Court is approached.
Article 14.
In their actions, or when they rule their acts, the judges, prosecutors and the investigators shall base on the law and the case evidence, judged in compliance with their conscience and free inner convictions.
Article 15.
(1) The court proceedings shall be at three instances: first instance, appealing instance and cassation instance, unless otherwise provided by the procedure law.
(2) The court acts, which have come into force, may be repealed only in the cases provided by the law.
CHAPTER TWO
SUPREME JUDICIAL COUNCIL
Article 16.
(1) The Supreme Judicial Council shall determine the staff and shall perform the organisation of the judicial system. It consists of twenty-five members - lawyers with high professional and moral values who have at least fifteen years of service of which not less than five years as a judge, prosecutor, investigator or scientist with academic rank. The Supreme Judicial Council shall be a legal person seated in Sofia.
(2) The President of the Supreme Cassation Court, the President of the Supreme Administrative Court and the Chief Prosecutor shall be members of the Supreme Judicial Council by right.
(3) The National Assembly shall elect eleven of the members of the Supreme Judicial Council not later than a month, prior to expiring the term of mandate of its elected members.
(4) Members of the Supreme Judicial Council may not be:
1. members of the Parliament, mayors or municipal councillors;
2. members of political parties and organisations as well as members of trade unions outside the judicial system;
3. (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG – 87/1994) may not practise free-lancing, trading or other professional activity, except lecturing at higher schools.
Article 17.
(1) Eleven of the members of the Supreme Judicial Council shall be elected by the bodies of the judicial system not later than a month prior to expiring the term of the mandate of the elected members.
(2) The judges elect six, the prosecutors - three and the investigators - two of their members for Supreme Judicial Council members. The election takes place at separate delegate meetings with a representation of one delegate for ten people, with a remainder of less than five people, no delegate is elected.
Article 18.
(1) The separate meetings of the judges, prosecutors and investigators of the territory of the corresponding District court elect delegates. The military judges elect delegates at a general meeting of all the Military courts. The military prosecutors and the military investigators elect delegates at a general meeting of all military prosecutors and military investigators. The Supreme Cassation Court, the Supreme Administrative Court, the Chief Prosecutor, the Supreme Cassation Prosecution service, the Supreme Administrative Prosecution service, the Courts of appeal, the Appeal prosecution services and the National Investigation Office elect delegates at separate meetings.
(2)Separate meetings shall be called by the respective head of a judicial authority or upon request of one fifth of its members. The invitation for a meeting shall contain the date, place and time of the meeting.
(3) If a particular meeting has not been called by the persons, specified in paragraph 2 within seven days upon occurrence of a legal reason, the President of the Supreme Judicial Council shall designate the date, place and the time of the meeting.
(4) The meeting shall be carried out if there are more than a half of the persons having right to participate. In the absence of quorum the meeting shall be carried out with an hour delay and shall be a due course if attended by one third of the persons having right to participate.
(5) The delegates shall be elected with simple majority of the votes of persons attending the meeting by secret voting. The protocols of the meeting and decisions for election of delegates shall be send promptly to the Supreme Judicial Council in order to be added to the list of participants in the general meeting of delegates.
Article 19.
(1) The delegate meetings referred to in Article 17, paragraph 2 shall be legal if at least two thirds of the elected delegates take part.
(2) The organisation and technical preparation of the separate meetings of the delegates shall be carried out by the administration of the Supreme Judicial Council.
(3) The expenses associated with holding of the meetings shall be covered by the budget of the Supreme Judicial Council.
(4) The decisions for electing Supreme Judicial Council members shall be adopted by a simple majority of the number of all delegates participating by secret voting.
(5) When upon the first voting there is no member elected by the required majority from the respective quota, a new voting shall be conducted. If upon the second voting there is no candidate elected by the required majority, it shall be accepted that the elected candidates are the candidates proposed for members who gained consecutively most of the votes.
Article 20
(1) The legality of a Supreme Judicial Council member election may be appealed before the Supreme Judicial Council in case the appeal has been signed by one fifth of the delegates of the corresponding meeting and shall be lodged within seven days from the day of election.
(2) The Supreme Judicial Council, at its first meeting after the filing of the complaint elects a five-member mandate commission from its members which shall form an opinion on the legality of the election argued within fourteen days. The Supreme Judicial Council gives its opinion within fourteen days after it has received the opinion of the mandate commission.
(3) (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG 118/2002) Until the opinion of the Supreme Judicial Council is announced the person whose election is contested shall participate in the meetings of the Supreme Judicial Council without voting right.
(4) Simultaneously with the announcement of the unlawfulness of the election the Supreme Judicial Council shall set new elections within a period not later than one month.
Article 21.
The mandate of the elected members is five years. They may not be re-elected for two consecutive mandates.
Article 22.
(1) An elected member can be removed with a decision of the body who has elected him before the expiry of his mandate:
1. upon his request;
2. in the presence of a sentence which has come into force for a premeditated crime committed by him;
3. in case of a permanent inability for him to execute his duties for more than six months;
4. under complete or restricted judicial disability;
5. (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG 87/94);
6. (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG 87/94);
(2) The procedure as per paragraph 1 is initiated by proposal of the Supreme Judicial Council, upon request of one fifth of the members of the Parliament for the quota elected by the National Assembly or by one fifth of the members of the court, respectively the prosecution and the investigation office for the members elected from the judicial system quota.
(3) The Supreme Judicial Council members cannot be removed from power by right as long as they hold the offices as per Article 16, paragraph 2.
Article 23.
The election of a new member of the Supreme Judicial Council is carried out in the order by which the removed one has been elected and is valid to the end of his mandate.
Article 24.
(1) (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG 87/1994) The Supreme Judicial Council members who are not judges, prosecutors or investigators discontinue the execution of the activity they have performed till their election. They may not be discharged from their permanent employment as long as they are Supreme Judicial Council members.
(2) The elected members of the Supreme Judicial Council receive remuneration. It may not be more than that of a Supreme Cassation Court judge.
(3) The Supreme Judicial Council shall fix the amount of the remuneration as per paragraph 2 as proposed by the minister of justice.
Article 25.
(Declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG. 93/1995) The administrative service of the Supreme Judicial Council shall be carried out by the Ministry of Justice.
Article 26.
(1) The sessions of the Supreme Judicial Council shall be chaired by the Minister of Justice who does not take part in the voting.
(2) The chairman of the Supreme Judicial Council shall organise and chair the sessions.
(3) When the Minister of Justice is absent the sittings shall be chaired consequently by the members of the Supreme Judicial Council according to Article 16, paragraph 2. In such cases the session may be attended Deputy Minister, authorized by the Minister.
(4) In the cases of paragraph 3 the Minister of Justice shall inform in advance the substituting person under Article 16, paragraph 2 in order to organise the session.
(5) The Supreme Judicial Council shall be summoned at least once in three months by the chairman or upon request of one fifth of its members.
(6) The sessions shall be held according to a draft agenda announced in advance, as the members of the Supreme Judicial Council shall be informed about the date of holding the session, about the agenda and the documentation for the session 3 days in advance.
(7) Supplements of the agenda may be introduced on the day of the session by a decision of the Supreme Judicial Council taken by a majority of more than half of those present.
(8) The decisions shall be taken if at least two thirds of the members of the Supreme Judicial Council are present, by a majority of more than half of those present, by an open voting, unless the Constitution or the Law has provided otherwise.
(9) When the members are determined as per paragraph 8, the members who are on mission abroad or are absent because of illness shall not be taken into account. By this procedure up to one sixth of the total number of Supreme Judicial Council members may be deducted.
(10) Permanent and temporary Committees may be established with the Supreme Judicial Council in order to conduct its activitie.
Article 27.
(1) The Supreme Judicial Council shall:
1. propose to the President of the Republic of Bulgaria, the appointment and dismissal of the President of the Supreme Cassation Court, the President of the Supreme Administrative Court and the Chief Prosecutor. The President of the Republic of Bulgaria may not reject the appointment or the dismissal in case of a second proposal;
2. determine the number, the court territories and the head offices of the Regional, District and Military courts and courts of appeal by proposal of the Minister of Justice;
3. (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG 118/02) determine the number of judges, prosecutors, investigators, bailiffs, recording judges and court employees in all courts, prosecution services and investigation offices;
4. appoint, promote, reduce in rank, transfer and dismiss the judges, prosecutors and investigators;
5. fix the remuneration of the judges, prosecutors and investigators;
6. (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria - SG 118/02) take decisions on depriving from immunity and for the temporary suspension from office of a judge, prosecutor or investigator in the cases provided by the Law upon request of the Chief Prosecutor and upon request of one fifth of the Supreme Judicial Council members;
7. pronounce upon decisions of disciplinary cases against judges, prosecutors and investigators;
8. introduce to the Council of Ministers the draft budget of the judicial system and shall control its implementation;
9. require and summarise every six months information from courts and the prosecution services and investigation offices, as well as annual reports on their activities;
10. introduce annually, not later than July 31,information to the National Assembly on the annual report on the activities of the courts and the prosecution services and investigation offices, prepared on the base of the information, summarized under item 9. and publish it in Internet;
11. adopt Rules of procedures of the Council operation and its administration;
12. elect director of the National Investigation Office by a secret voting and by a majority of more than half of the total number of all members of the Supreme Judicial Council;
13. approve rules for professional ethics adopted by the respective professional organisations of the judges, prosecutors and investigators;
14. (declared unconstitutional by the Constitutional Court of the Republic of Bulgaria – SG. 118/2002) approve rules for professional ethics adopted by the respective professional organisations for the court employees;
15. establish and maintain also in electronic form a public register where it enters all its decisions together with their motives;
16. register and keep an the personnel files of judges, prosecutors and investigators;
17. organise the promotion of qualification for judges, prosecutors and investigators.
(2) When solving the issues under paragraph 1, items 3 – 7 it may be required the statement of the administrative head of the respective body of the judicial system, and regarding the prosecutors - the statement of the chief prosecutor as well. The chairman of the Supreme Judicial Council can express his opinion on all issues under paragraph 1.
Article 28.
(1) The proposals for a President of the Supreme Cassation Court, President of the Supreme Administrative Court and Chief Prosecutor shall be submitted for a consideration to the Supreme Judicial Council whereupon a secret voting shall be conducted.